Navara D40 - Theft & damage to our vehicle whilst at a dealer - onewaytm

Our vehicle, a Nissan Navara pick-up, was booked in for a service at Brian Leighton Garages - Howden on Wednesday 29th May at 0830hrs. The vehicle was purchased from them on 20th October 2012 and so as to maintain warranty and save time we decided to use the garage for the service. Due to business workload we were unable to get the vehicle to the garage at 0830 on the Wednesday or before the end of play on the Tuesday but a call to the garage informed us that an out of hours facility was available for dropping vehicles off. We were instructed to park the vehicle in the Customer Parking area, explain to the kiosk staff in the adjoining 24hour filling station that was owned by the garage where we would be given an envelope for our keys. The keys would then be left safely with the staff of the filling station for collection by the garage the following morning. We carried out these instructions, dropping the vehicle off at the garage at 2100hrs on the Tuesday evening.

The following then unfolded :-

At 0825 on the Wednesday morning I received a call from the garage stating that they had the keys and to ask if any extra work, other than the service and previously agreed work, was required. I informed them that no extra work was required to which they replied that the work would be completed that day and they would call us at that time.

At 0920 I received another call asking if my vehicle had been fitted with window deflectors and were they on the vehicle when left there, I replied that it was fitted with them and they were on their when left. I was then told that these had been stolen from the vehicle overnight, I then stated to them that other accessories were fitted to the vehicle to which I was told that these had also been stolen.

List of equipment stripped from vehicle

All side window deflectors - £32.00

Bonnet guard - £80.00

Stainless Steel Roll Bar - £250.00

Front Bull Bar with lights - £300.00

Body side protectors - £59.00

Roof top led directional beacon - £495.50

Load liner - £275.71

Load securing Rails / Channels - £727.47

Securing Cleats - £240.90

TOTAL £2460.58 excluding the cost of fitting

At around 1100 our office received a call from the garage owner who stated that there was CCTV coverage of activity around our vehicle for almost 2hours showing two people stripping parts and carrying them across the forecourt to an awaiting vehicle. He also stated to our office that he had contacted his insurance to find out that our vehicle wasn't insured and that we were to pursue a claim through our own insurance. As a gesture of goodwill, he would supply us with a replacement load-liner, one of the items stolen, and he wanted this incident sorted with little fuss. I then called the garage owner to be told the same, I expressed my concern that we had carried out his instruction for leaving the vehicle and that the vehicle was in their possession when this incident took place. We were at no point informed that we were at risk by leaving the vehicle there and nor were there any signs stating any risk to owners.

At 1400 I attended the garage to inspect the vehicle and discuss the matter with them. The service manager escorted me to the workshop where the vehicle looked in a sorry state and the garage were carrying out the service. I questioned what process had been carried out for reporting the incident with the police and what, if anything, had progressed with an investigation. The service manager explained that the police had been informed and that their reply was merely to give the garage a crime number, they were not interested in finger printing the car or checking the CCTV coverage as any culprits would simply deny taking any part in the crime. I stated to the service manager that the offer of the replacement load-liner was not an acceptable solution to the matter and he replied that he would get the owner to contact me regarding this.

I found the Police response to the garage very hard to believe, and following my visit to the garage at 1440, I went to Howden Police Station to clarify what the service manager had explained. Upon checking details against the crime number, an officer at the police station stated that they were extremely interested in any crime and that the garage had been informed this. They had also informed the garage that they would collect CCTV coverage of the incident at their earliest convenience.

At around 1530, I received a call from Kevin O'Donohoe of the Humberside Police CID Vehicle Crime Unit at Beverley who apologised for my having to attend the police station and stated that several incidents were being investigated, including ours, and that there were links between some of these. He also stated that the CCTV coverage would be collected from the garage, this would be scrutinised and we would be kept in the loop with any outcomes.

At 1750 I received a call from the garage asking if we would authorise further work to our vehicle at our expense.

Throughout Thursday we received no communication from the garage.

Friday 0845 I tried to contact the garage but no-one was available to speak to me and someone would call me back.

0915 Contacted the garage again, asked for the service manager but he was busy. I then asked to speak to the garage owner but was told I need to speak to the service manager and he would call me back.

0945 Contacted the garage again, asked for the service manager but he was busy. He would call me back

1015 Contacted the garage again, asked for the service manager but he was busy. He would call me back

1040 Contacted the garage again, asked for the service manager but he was busy. I insisted that I needed to speak to someone, our vehicle was now off the road for three days and that our business is being harmed please could I speak to someone. On hold and then my details taken again and told someone would call me back.

1055 A call from the customer service manager who took all of my details again and promised to get the service manager to call me back. I said that I really need to speak to the owner, put on hold and then told that it was the service manager dealing with the matter and that he would call me back.

1120 I received a call from the service manager, he denied all knowledge of my previous attempts to contact him but did apologise. I voiced my concerns that our vehicle was still with them and still not back in the condition that it was left. I explained again to him that our business thrives on image, we advertise our services with the use of high image vehicles and that the vehicle in its current state is not fit for purpose and that we were now suffering harm to our trade due to there being no progress. I then asked for his company insurance details as we would be forced to direct this through our own insurers, our company's solicitors and seek publicity regarding the incident where he replied that it was out of his hands as to whether the garage would replace the stolen equipment and the decision was with his Directors. He then asked that I wait before progressing anything with our Insurers etc. as he would contact his directors and reply to me asap.

1618 I received a call from the service department at the garage informing me that the vehicles service was complete, I asked if the damage was repaired and the stolen equipment replaced to which they were not able to confirm. They stated that this was being dealt with by the service manager and the directors but neither were available to talk to me.

1711 I received an email from the service manager stating that the conclusion from his directors was that any vehicles left on their site were at the owners risk, the only thing they were prepared to do was to supply a replacement load liner as a gesture of good will. The email also contained the details of the garages insurers.

All in all we have had £2460.58 worth of equipment stolen from our vehicle whilst in the possession of a garage whilst the garage was open with CCTV in operation , we have had no use of our vehicle since Wednesday 29th June, we have had to beg for a response from the garage and we have been offered the supply of a load liner valued at £275.71 as compensation. I will also add that the load liner is useless without the load securing rails as these actually fix the liner to the body.

Are we going to waste time and money fighting our corner on this ?

Navara D40 - Theft & damage to our vehicle whilst at a dealer - dacouch

You would generally need to prove the garage were negligent in their actions, this in effect is the incident could "reasonablly" be avoided. It could be that they had acted negligently by leaving the car unlocked.

There's a small chance of proving them negligent if the area they asked you to leave the vehicle was prone to this type of theft and they would reasonably be aware of this.

Obviuosly I'm not aware of where the vehicle was parked in relation to the petrol station, it would be worth viewing the cctv to see if the theft was so obvious their staff should have taken action.

in summary you either need to get them to make an exgratia payment to you or prove they've acted negligently. If it goes as far as court the judgement is looked at on "The balance of probabilities" rather than a criminal court which is "beyond reasonable doubt"

Navara D40 - Theft & damage to our vehicle whilst at a dealer - tony g
Hi ,an interesting post ,that will probably need to be resolved in the small claims court .
In my opinion I don't think that negligence on the part of the garage needs to be proved for your claim to succeed .

I think that the garage accept responsibility for the security of your vehicle when they agree to allow the filling station staff ,who are there employees ,hold the keys .
Even if the garage displayed a notice that said vehicles were left at the owners risk ,which they didn't ,I still don't think they can reject their liability .

In effect they enter into a contract with you the owner when they agreed to accept and secure the vehicle keys .

Finally your not obliged to deal with the garages insurer ,simply pursue the garage itself through the SCC ,its a simple process that will cost you about three hundred pounds .
From my experiences I would expect you to win in court ,but its more likely the garage will pay before it gets to court .
For the benefit of other members ,please let the forum know the outcome.

(From the citizens advice website
A garage has a responsibility to take good care of your vehicle while it is with them.)



Good luck,Tony g

Edited by tony g on 02/06/2013 at 14:31

Navara D40 - Theft & damage to our vehicle whilst at a dealer - dacouch

"(From the citizens advice website

A garage has a responsibility to take good care of your vehicle while it is with them.)"

From the same page of the citizens advice bureau

""The vehicle's lost or stolen from the garage

Most garages will display disclaimers saying that cars are left there at the owner’s risk. If your vehicle is lost or stolen while it's in the garage, they are only legally responsible for replacing it if they didn't take reasonable care. For example, they shouldn't leave your car unlocked and unattended.

The easiest way to sort things out is to claim for the car on your own insurance policy. Your insurer will then deal with the garage’s insurer"

tinyurl.com/lglmbcp

Navara D40 - Theft & damage to our vehicle whilst at a dealer - onewaytm

Many thanks for your input guys, i will keep you posted as to any outcome.

My concern is that if I claim for the replacement parts and damage repairs through our own insurer, the failure of a counter claim by them to the garage May b***** our "No Claims".

Again, thanks for your thoughts.

Terry

Navara D40 - Theft & damage to our vehicle whilst at a dealer - rjr

Many thanks for your input guys, i will keep you posted as to any outcome.

My concern is that if I claim for the replacement parts and damage repairs through our own insurer, the failure of a counter claim by them to the garage May b***** our "No Claims".

Again, thanks for your thoughts.

Terry

If your insurer cannot recover the costs from the garage then neither can you.

Therefore, you need to weigh up whether it will cost you more to have to pay your excess in the event of your insurer being unable to recover the costs or paying for the replacement parts yourself.

Navara D40 - Theft & damage to our vehicle whilst at a dealer - onewaytm

I need to weigh up whether the cost of the excess plus the loss of no claims is greater than the cost of fighting the case myself.

If the insurer loses or I lose, the parts cost the same, Its the cost getting to that stage that concerns me, hence my original post asking whether anyone had thoughts on the strength of our case.

Navara D40 - Theft & damage to our vehicle whilst at a dealer - tony g
Its the cost getting to that stage that concerns me,

The small claims court is ideal for your situation ,your risk in total is in the region of £300 .

Judges in the SCC are not bound by precedent ,if the judge thinks your case is reasonable he will award in your favour .

I've been in the SCC 4 times and not lost ,you have a very good case .

Regards

Tony g
Navara D40 - Theft & damage to our vehicle whilst at a dealer - onewaytm

Many thanks for the advice Tony, we will look into going down this avenue.

Terry

Navara D40 - Theft & damage to our vehicle whilst at a dealer - onewaytm

Update : After chasing the dealership this morning as to when my vehicle will be available for collection, as its ommision from our fleet is harming our business, I have just received a call to state that they are awaiting the rails to secure the load liner ............. a step in the right direction at least.

Navara D40 - Theft & damage to our vehicle whilst at a dealer - tony g
I know it's harsh ,but I wonder if the SCC would consider the provision of the load liner as an admission of liability on the part of the garage .

Obviously don't sign to say that you accept the liner as a full settlement of your claim .

I still believe that the garage will look to settle as soon as you forward the claim form .

It's happened three out four times for me .

Again good luck .

Tony g
Navara D40 - Theft & damage to our vehicle whilst at a dealer - onewaytm

Update :

Collected the vehicle last night along with a £485.00 invoice for a 90,000 miles service. The dealer had fitted a new load-liner and some second hand securing channels.

Still not interested in replacing any other parts or equipment but have now added a sign to the car park stating that cars are parked at the owners risk.

A local newspaper is wanting to publicise our ordeal, and they are photographing our vehicle outside the site tomorrow.

Navara D40 - Theft & damage to our vehicle whilst at a dealer - tony g
(Still not interested in replacing any other parts or equipment but have now added a sign to the car park stating that cars are parked at the owners risk.

A local newspaper is wanting to publicise our ordeal, and they are photographing our vehicle outside the site tomorrow.)

Hi ,it's interesting ,and I think it strengthens your case ,that they've now erected a disclaimer that rejects liability .To me that says they now understand they were wrong and are liable .

In addition ,I'm not sure that the erection of a sign absolves them of responsibility .They agree to allow you to park on their property and take control of your keys ,that makes them liable for the security of your goods .

I don't think it's a good idea to involve the papers .If you use the threat of the papers as a wedge to encourage the garage to pay ,that's ok .However once you've involved the papers you've lost that advantage and antagonised the garage .What next ?

The SCC at £300 cost to you ,is the easiest and best option .